HB 191: Idaho Prohibits Public Contracting Based on ESG Standards

March 23, 2023

Summary

HB 191 was enacted in March 2023 and became effective on July 1, 2023. The law mandates that no contract shall be accepted or denied by a public entity based on environmental, social, or governance standards. It also states that the state board of education cannot approve policies and procedures for procuring property if they permit consideration of environmental, social, or governance standards in procurement decisions, and that any policies or procedures approved before July 1, 2023 must be revoked. 

The law specifies that "environmental, social, and governance standards" means "procurement standards that screen or score [contract] bids, in whole or in part, on subjective ethical or sustainability criteria unrelated to the specifications in a solicitation or the qualifications of a bidder."

 

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